Delaware Leave of Absence (FMLA): What you need to know

Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness. Delaware does not have such a law for its private employers. However, Delaware employers with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA).

For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements. Download Now

An amendment to the Delaware Domestic Relations Act gives same-sex couples the right to marry (DE Code Tit. 13 Sec. 101 et seq.). Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and opposite-sex couples.

Interaction with federal FMLA. Under the federal FMLA, a covered "spouse" is a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides. The U.S. Supreme Court’s 2013 decision in United States v. Windsor (S.Ct. No. 12-307, June 26, 2013) held that the federal Defense of Marriage Act’s (DOMA) definition of "marriage" as a legal union between one man and one woman is unconstitutional. Because marriages between same-sex couples are recognized in the state of Delaware, the federal FMLA’s definition of a “spouse” will apply to employees in a same-sex marriage who reside in the state.

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.